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Montana State Bar of Montana LawyerSeptember 2016 | Vol. 41, No. 10 ANNUAL MEETING GREAT FALLS CLE THEME: LAW OFFICE PRACTICALITIES Details on pages 20-21 SNOWBERGER WINS 2016 PRO BONO AWARD See story on page 18 Also in this edition > Analysis of outside influence > Are insurance bad faith in Montana judicial elections recoveries taxable? by Professor Anthony Johnstone > Resolution proposed on hearing > Trends in Environmental law for Supreme Court nominee by the State Bar's Natural Resources, Energy & Environmental Law Section > Bar launches online Career Center Montana Lawyer 1 The official magazine of the State Bar of Montana published every month except January and July by the State Bar of Montana, 7 W. Sixth Ave., Suite 2B, P.O. Box 577, Helena MT 59624. 406-442-7660; Fax 406-442-7763. INDEX E-mail: [email protected] State Bar Officers September 2016 President Matthew Thiel, Missoula President-Elect Bruce M. Spencer, Helena Feature Stories Secretary-Treasurer Neil Haight Pro Bono Award: Michele Snowberger ...................... 12 Jason Holden, Great Falls Immediate Past President Montana Judicial Elections: Does PastHold Lessons .................... 18 Mark D. Parker, Billings Annual Meeting Schedule/Highlights .........................................20-21 Chair of the Board Leslie Halligan, Missoula Trends in Environmental Law .........................................................22-25 Board of Trustees Purchasing a Contaminated Site: Reducing Liability ........... 22 Elizabeth Brennan, Missoula Marybeth Sampsel, Kalispell Liesel Shoquist, Missoula Technical, Legal Factors in Water Discharge Permitting .... 24 Tammy Wyatt-Shaw, Missoula Ellen Donohue, Anaconda State a Leading Player in Endangered Species Act .............. 25 Shari Gianarelli, Conrad Paul Haffeman, Great Falls Tax Law: Insurance Bad Faith Recoveries ......................................... 28 Kent Sipe, Roundup Luke Berger, Helena Kate Ellis, Helena J. Stuart Segrest, Helena Regular Features Jane Mersen, Bozeman Lynda White, Bozeman Member News ...............................................................................................4 Ross McLinden, Billings Eric Nord, Billings State Bar News ...............................................................................................6 Juli Pierce, Billings Court orders ................................................................................................ 10 ABA Delegates Law School News ....................................................................................... 31 Damon L. Gannett, Billings Shane Vannatta, Missoula CLE .................................................................................................................. 34 Montana Lawyer Staff Obituaries ..................................................................................................... 36 Publisher | Christopher L. Manos Editor | Joe Menden Job Postings/Classifieds .......................................................................... 37 406-447-2200; fax: 442-7763 e-mail: [email protected] Subscriptions are a benefit of State Bar membership. Advertising rates are available upon request. Statements and expressions of opinion appearing herein are those of the advertisers or authors and do not neces- sarily reflect the views of the State Bar of Montana. Postmaster: Send address changes to Montana Lawyer, P.O. Box 577, Helena MT 59624. Page 2 September 2016 President’s Message | President Matt Thiel My hopes for Bar's future, as presidency winds down While serving as President this year has without the efforts of the State Bar of Montana been a challenge at times while maintaining and the ABA on a national level. “God a practice, I am better for it and it has been won’t do the day- to-day work in an earthly an honor to serve with the other Officers, system of justice, won’t take the bench or Trustees, staff and volunteers who make our enter the jury box.” (David Mellinkoff, “The Bar work. This past year the Bar has worked Conscience of a Lawyer”). To a large extent hard to meet its many missions and mandates it is the organized bar that manages the daily “At a time when to maintain the administration of justice, im- grind of assisting the judicial system to sup- our politics prove access to justice and protect the public port the rule of law and educate the body poli- interest. The Bar is in good hands with the tic on what the Supreme Court has referred to have sought to incoming President and Trustees and I leave as this Nation’s “historic commitment to the encourage an- with the following hopes for our Bar: rule of law.” U.S. v. Nixon, (1974). The rule of That attorneys will trust that their intel- law is our common concern, regardless of our ger and distrust lect and wisdom are the keys to preserv- practice area or political philosophy. Inherent ... it is important ing their relevance in the face of disruptive in the rule of law is our belief in our legal changes in the practice of law brought on by system and the importance of ensuring an to step back to rapid changes in technology. The telegraph, independent judiciary regardless of whether appreciate that typewriter, telephone, telefax, television, com- we win or lose our case. At a recent ceremony puter, internet and mobile technology have celebrating his 20 years on the federal bench, the unified bar is all imposed varying degrees of change and Judge Donald W. Molloy said, “And I know the one challenges on the profession over the decades. that we often talk about the rule of law as if it But the core role and value of the legal profes- is a rule, but it’s really, I think, the way we all organization sion have not changed since the founding work together.” that allows all of our Nation. The human connection and At a time when our politics have sought to attorneys to common-sense experience of the counselor encourage anger and distrust toward govern- at law, the strategy and advocacy of the legal ment and even the judiciary, it is important to work together planner and trial lawyer, and the insights and step back from our busy practices to appreci- and speak as effective communication of the legal writer ate that the unified bar is the one organization will transcend the changes in the delivery of that allows all attorneys to work together and one for the rule legal services brought on by rapid changes in speak as one for the rule of law, and the reason of law.” technology. Knowing this we can embrace and respect that it requires, regardless of the change and leverage it to improve our cost ef- politics of the day. Even when we are too busy fectiveness and increase access to justice for all managing our caseload and wondering what State Bar Americans. If we accept and embrace change, that Bar has done for us today, the Bar is at of Montana President the lawyer as counsel and problem solver work maintaining the profession and protect- Matt Thiel is an attorney will remain relevant in the face of changes in ing the public interest. in Missoula whose the delivery of legal services brought on by Finally, thank you to all those who volun- practice focuses mostly the Internet economy. The profession can teer their time and resources to participate in on personal injury and thrive economically while keeping its focus on their Bar and its committees, commissions, labor law. He is an ap- increasing access to justice and protecting the sections and service and education programs pointed member of the public interest by leading on policy relevant to doing the ground work that brings life to the Montana Facility changes in the profession. rule of law through policy, education and Finance Authority and That we remind ourselves and the public public service. You are not paid and too often the Montana Insurance that we must actually work to preserve respect under-recognized but I want you to know you Guarantee Association. for the rule of law. This will not happen are appreciated. You make the Bar matter. www.montanabar.org Page 3 Member and Montana News Raucci appointed to national He has participated in over 500 labor licensed attorneys and paralegals with the mediators, arbitrators panel agreements, handled scores of arbitra- added benefit of document review and tions, and managed over 200 labor and the option for one-on-one consultation Francis (Hank) Raucci is of counsel employment litigation cases. with licensed attorneys throughout the with Hattersley Walter, PLLP, and he Until recently he served as trustee on process. serves as an arbitrator and mediator in Taft-Hartley health and pensions with Serving clients in the Flathead Valley a wide variety of employment and labor combined assets in excess of $10 billion. and beyond, including remote consulta- matters. Raucci may be contacted at P.O. Box tions when appropriate, ILS provides Raucci has been appointed to the na- 1731, 33 S. Last Chance Gulch, Helena, seminars and assists clients on legal tional panel of mediators and arbitrators MT; 406-444-8746; and email fjssraucci@ matters related to guardianships, parent- for the Asbestos Personal aol.com. ing plans, adoptions, immigration, IP/ Injury Trust Fund which trademark, entertainment, technology, administers a $32 billion Limited-scope, sliding-scale business law and estate matters. Contact fund for the adjudication of practice opens in Kalispell ILS at IntegrativeLawSolutions@gmail. asbestos related claims. He com or call 406-250-9256 for more is a Fellow of the National Integrative Law Solutions (ILS) is a information.

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